If your husband, wife, parent, or child is waiting for an immigrant visa abroad, you may have heard the word “pause” lately and felt your stomach drop.
Here is what is actually going on, who is affected, and what you can still do.
What happened
On January 14, 2026, the U.S. Department of State announced that, effective January 21, 2026, immigrant visa processing would be indefinitely paused for nationals of 75 countries. The stated reason is to allow the State Department to reassess its public charge screening procedures.
The pause is layered on top of an earlier action. Effective January 1, 2026, Presidential Proclamation 10998 imposed full or partial visa suspensions for nationals of 39 countries on national security grounds. The proclamation was issued under Section 212(f) of the Immigration and Nationality Act, which gives the President broad authority to suspend the entry of any class of aliens whose entry would be “detrimental to the interests of the United States.” Once a proclamation invokes 212(f), consular officers are bound to follow it.
Some countries appear on both lists. Others appear on only one. The result is a layered set of restrictions that depend on your nationality, your visa category, and where you are filing.
Which countries are affected
The 75-country pause covers a broad range of nations across Africa, Asia, Latin America and the Caribbean, the Middle East, and parts of Europe. Some of the most commonly asked about include Afghanistan, Bangladesh, Brazil, Cameroon, Colombia, Cuba, Egypt, Ethiopia, Ghana, Guatemala, Haiti, Iran, Iraq, Jamaica, Jordan, Nigeria, and many more.
Because the list is long and the policy is changing, the safest thing to do is check the State Department’s official announcement page for the current full list. Your attorney can also confirm whether your loved one’s nationality is affected.
What is paused, and what is not
This is the most important part. Read it carefully.
What is paused? The actual issuance of immigrant visas at U.S. consulates abroad. That includes:
- Family-based immigrant visas (IR-1, CR-1, F1, F2A, F2B, F3, F4)
- Employment-based immigrant visas processed through a consulate (EB-1, EB-2, EB-3, etc.)
- Diversity Visa lottery winners from affected countries
What is not paused? Many things you might assume are affected actually are not.
- Nonimmigrant visas, including B-1/B-2 tourist visas, F-1 student visas, and most work visas, are not part of this pause
- Adjustment of status for people already inside the U.S. is generally not affected
- Existing valid immigrant visas have not been revoked
- Dual nationals applying with a passport from a non-listed country are exempt
- Special exceptions exist for adoption cases and certain Special Immigrant Visa categories
What is happening at consulates
Under current guidance, consulates in affected countries continue to:
- Accept new immigrant visa applications
- Schedule interviews
- Hold interviews
They simply do not issue the final visa. In many cases, after the interview, officers refuse the case under Section 221(g) of the Immigration and Nationality Act, thereby keeping the case open for administrative processing rather than denying it outright. Once the pause ends, those cases may be ready to move quickly.
We are also seeing a different kind of refusal at an increasing rate, particularly among applicants from the 39 countries covered by Presidential Proclamation 10998. These refusals are issued directly under Section 212(f), citing the applicant’s nationality and the proclamation as the ground of ineligibility. This is not the same as a 221(g). A 221(g) keeps the case open in administrative processing while the consulate gathers more information. A 212(f) refusal is a determination that the applicant is currently ineligible to enter the United States under the terms of the proclamation.
What this means in practice depends on the specifics. The applicant may qualify for an exception built into the proclamation. The proclamation may eventually be lifted or modified. A court may invalidate the underlying authority. Or a waiver may become available in the applicant’s case. If you have received a refusal sheet, look closely at the section of law cited. A 221(g) and a 212(f) call for very different next steps, and the difference matters for how you plan.
This is why “do nothing and wait” is rarely the right move. The closer your case is to ready when the pause lifts, the faster you will be issued the visa.
What it means for spouses, parents, and children
If you are a U.S. citizen or green card holder petitioning for a family member abroad, here is the practical reality.
The I-130 stage with USCIS has not stopped. You can still file. USCIS can still approve. The case can still move to the National Visa Center.
The bottleneck is at the embassy itself. An interview can happen. The visa stamp will not be issued until the pause is lifted, your loved one is found to qualify under whatever new public charge framework emerges, or a waiver is granted.
For more on the spousal petition process in general, see our guide to petitioning for a spouse.
The legal challenge
On February 2, 2026, a federal lawsuit was filed challenging the State Department’s authority to implement this pause. The complaint argues that the policy exceeds the agency’s legal authority and conflicts with the longstanding statutory framework on public charge determinations. It is too soon to know how the courts will rule.
Until then, the pause remains in effect.
What to do now
If your case or your loved one’s case is affected, do not freeze. Plan.
File anyway. USCIS is still processing I-130 petitions. Filing now puts you in line. Waiting for the pause to lift will only push your case further back when thousands of others rush to file at once.
Attend scheduled interviews. If your loved one already has an interview, they should attend. Skipping it can result in cancellation. Going to it positions the case for issuance the moment the pause lifts.
Strengthen the public charge record. Affidavits of support, evidence of the petitioner’s income, savings, education, English ability, and health may be reviewed under stricter standards. Get the evidence in order now.
Consider alternative pathways. Depending on your situation, there may be other options. Adjustment of status inside the U.S., a different family relationship, employment-based options, or humanitarian categories like U visas or VAWA may apply. An attorney can help you see what is on the table.
Watch for updates. This policy is moving fast. What is true today may change next month. Build a plan that accounts for both possibilities.
Final word
Policy changes feel personal because they are personal. The waiting is hard. The uncertainty is harder.
At Vital Legal Group, we are watching these developments daily. We can help you understand exactly how the pause affects your case, position your file to move as soon as policy shifts, and explore every legal alternative available to you.
If you or a loved one is caught up in the immigrant visa pause, schedule your free case evaluation today. Time spent planning is never wasted.
